Loading...
HomeMy WebLinkAbout1963 11-12 CC MIN147 National City, California, November 12, 1963 Regular meeting of the City Council was called to order at 1:30 p.m, by Mayor Gautereaux. Council members present: Allen, Hart, Morgan, Gautereaux. Council members absent: Colburn. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Hess, Stockman, Stratton. The meeting was opened with salute to the flag by City Manager Hess, followed with invocation by the Rev. I. L. Clarke, First Baptist Church. Councilman Colburn arrived and took his place at the meeting. RESOLUTION NO. 8504, "FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (WISE ANNEXATION)", was read. Moved by Allen, sec- onded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8505, "FINDING AND DETERMMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (CONNER ANNEXATION)", was read. Moved by Hart, sec- onded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Ordinance No. , "an ordinance amending Ordinance No. 7162 of the City of National City, providing for evening meetings of the City Coun- cil, and repealing Ordinance No. 1042", was presented for the second and final reading. Moved by Hart, seconded by Allen, the reading of. the ordinance be waived and it be adopted by the reading of the title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. 1078, "AN ORDINANCE MENDING ORDINANCE NO. 7162 OF THE CITY OF NATIONAL CITY, PROVIDING FOR EVENING MEETINGS OF THE CITY COUN- CIL, AND REPEALING ORDINANCE NO. 1042." Moved by Colburn, seconded by Allen, the Ordinance be adopted by the reading of the title. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hart, Morgan. CITY ATTORNEY CARSTENS stated correspondence has been receited from the federal government in regard to condemnation action which occurred in the 1940's, in the area of the freeway. Apparently the federal government failed to take judgment and owns land in the area; the streets are still in the name of National City. The federal government is asking the City to file a disclaimer. City Attorney Carstens stated if the federal government wished to take judgment, title could be obtained; they are asking the City to file a disclaimer as a shortcut. The City Attorney recommended it be referred to the City Engineer to determine if there are any streets in which the City has legitimate 11-12-63 148 interest and on approval of the City Engineer's report and recommenda- tion would request authority to prepare a resolution authorizing signa- ture to the disclaimer. Moved by Allen, seconded by Hart, the City Attorney's recommendation4be approved. Motion carried by unanimous vote. CITY ATTORNEY CARSTENS stated at the last meeting the City Manager recommended the fire ordinances be reviewed and there have been several meetings of the City Manager, Fire Chief and City Attorney in this regard. The fire ordinances should be completely revised, and there be one uniform ordinance; in effect a model code, which contain penalties for violations of the code. City Attorney Carstens stated as there are comprehensive changes in the proposed ordinance, each member of the Council will receive a copy of the proposed ordinance during the week and the ordinance will be submitted for the first reading next week. Government Code required there be a public hearing when a model code is adopted in a manner such as this and as the present ordinances are inadequate it is intended to make this an emergency ordinance which will become effective immediately the hearings are closed. The date of the hearing will be set next week. Moved by Hart, seconded by Alien, the City Attorney's recommendation be approved. City Manager Hess stated there have been many justifiable complaints in regard to industrial burning and the present ordinances provide no control. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated he has attended hearings over a period of time in Case 7409, Public Utilities Commission, in regard to the Pacific Telegraph and Telephone rates and schedules. The case is now coming to a conclusion and in San Francisco November 20th and 21st each of the cities will be given an opportunity to present their cases. The City of National City has been allotted ten minutes time for this, plus a written presentation (the only cities allotted time are: San Francisco, Los Angeles, San Diego and National City) and he asked what the Council desires him to do. Moved by Allen, seconded by Colburn, the City Attor- ney be instructed to attend those portions of the hearings which will be of benefit to the City. Mayor Gautereaux asked that copies of the written presentation be given to each Councilman. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY ATTORNEY CARSTENS stated the Council had directed him to determine whether furnishing trophies for the National City Garden Club could be considered a "gift" within the provisions of Article 4, Section 31 of the California Constitution. The definition within the law is very difficult to determine and in a review of the cases, there are none 11-12-63 149 exactly like this. City Attorney Carstens suggested he request an opinion from the Attorney General. MAYOR GAUTEREAUX stated the City Engineer's and City Manager's hearings on 1911 Act Street Improvements are scheduled for 2:00 p.m. and 2:30 p.m. and the Council meeting will be adjourned until the conclusion of the hearings. Three basic things will be considered at the hearing: grade, cost and the assessment within the district and all testimony should pertain to those three things. Moved by Colburn, seconded by Morgan, the meeting be adjourned until the conclusion of the first hear- ing. Carried by unanimous vote. The hearing on "J" Avenue from 18th to 24th Street, "K" Avenue from 22nd to 24th Street, 21st Street from Highland to "L" Avenue, 23rd Street from "I" to "L" Avenue was held at this time by the City Engineer and the City Manager. At the close of the hearing, the Council meeting reconvened at 2:23 p.m. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux, Council members absent: None. City Manager Hess stated a written report on the hearing will be brought back to the City Council next week. E. H. Alsdorf, 2105 "J" Avenue, was present and asked if the report would include those who objected to the proposition. City Manager Hess stated that is the purpose of the report. CITY MANAGER HESS recommended the Hearing on Resolution of Intention No. 8580 (Improvement of "J" Avenue from 18th to 24th Street, "K" Avenue from 22nd to 24th Street, 21st Street from Highland to "L" Avenue, 23rd Street from "I" to "L" Avenue) be continued until next week when the report of the City Engineer's and City Manager's hearing will be sub- mitted. Moved by Morgan, seconded by Allen, the City Manager's recom- mendation be approved. Carried by unanimous vote. E. H. Alsdorf, 2105 "J" Avenue, stated a decision is generally made at the close of a hearing. He also stated instead of sending the City Attorney to San Francisco, the matter be handled by a brief. Barney Melillo, 1111 "D" Avenue, was present and asked when the original petition for improvement of 12th Street was made. City Manager Hess stated the petition was submitted in 1958. COUNCILMAN MORGAN stated he is pleased the Chamber of Commerce is going to place the Christmas display in front of the library and that they are using a religious theme in the display. VICE MAYOR ALLEN stated the residents of Point Loma have succeeded in having the Navy Fire Fighting School move from their area to the eas- terly portion of Camp Elliott. Moved by Allen, seconded by Morgan, the City Manager investigate the possibility of having the Navy Fire Fighting 11-12-63 150 School in this locality moved out with the other one. Councilman Colburn stated they also have a large incinerator which does not seem to have a three stage burner and would make it illegal, and asked if this could be included in the motion. Vice Mayor Allen, with the approval of his second, included Councilman Colburn's recommendation in the motion. Carried by unanimous vote. VICE MAYOR ALLEN stated he attended the dedication of the new school at the Assembly of God Church for Mayor Gautereaux on Sunday. Moved by Alien, seconded by Morgan, the meeting be adjourned until the close of the City Engineer's and City Manager's hearing on the 1911 Act Improvements for 12th Street, "D" to "E" Avenue, and "E" Avenue from 12th Street northerly. The meeting adjourned at 2:30 p.m. At the close of the hearing the meeting was called to order by Mayor Gautereaux at 2:42 p.m. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. CITY MANAGER HESS stated a report on the hearing will be brought to the Council meeting next week. CITY MANAGER HESS recommended the Hearing on Resolution of Intention No. 8485 (Improvement of 12th Street, "D" to "E" Avenue, and "E" Avenue from 12th Street Northerly) be continued until next week when the City Engineer's and City Manager's hearing report is complete. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Councilman Morgan stated he had a question for the City Manager: In regard to the gentleman from lards you said he might just as well not have come, the other people who talked, might they just as well not have come too? City Manager Hess stated it is desirable to have the equivalence of the people, written or oral, but under the law the written protest is the governing factor; but it does give you an evaluation as a policy maker. Mayor Gautereaux stated the Council is cognizant of the remarks made today. Councilman Colburn stated the rules governing the hearing were read before Mr. Newsome came in and although the petition for the improvement was submitted to the City in 1958, it has just come up in its turn. Charles Newsome, Manager of MontgomeryWard, was present and stated they are not against anything good for the City but can see no need for the improvement at this time; in the future when it may do some good, they will be for it. Carried by unanimous vote. MAYOR GAUTEREAUX read a proclamation designating November 17th through 28th as National Retarded Children's"sleek. Moved by Allen, seconded by Morgan, the proclamation be approved. Carried by unanimous vote. 11-12-63 151 MAYOR GAUTEREAUX stated there is a vacancy on the Civil Service Com- mission due to the expiration of the term of John Torbett. He stated he received a communication from the National City Municipal Employees' Association asking re -appointment of Mr. Torbett. However, in line with the Mayor's policy in regard to appointment to Commissions, he chooses not to recommend to the Council that Mr. Torbett's name be sub- mitted for re -appointment. With the approval of the Council, the Mayor will appointment Larry Hill, 100 block of North "U" Avenue, National City, to the Civil Service Commission. Moved by Colburn, seconded by Allen, the Mayor's recommendation be approved. Carried by unanimous vote. Mayor Gautereaux asked for authorization to present Mr. Torbett with a certificate of service for his term on the Commission and a job well done. Moved by Morgan, seconded by Alien, the Mayor's recommenda- tion be approved. Carried by unanimous vote. Moved by Alien, seconded by Colburn, either a letter be sent or a certi- ficate issued to Chief of Police Cagle complimenting him on the accomp- lishment he acquired at the F.B.I. Academy on behalf of the City. Carried by unanimous vote. CITY ENGINEER FOSTER reported in regard to left turns on Highland Avenue, left turn slots were painted on Highland Avenue at the corners of 8th, llth, l6th, and 18th Streets in 1959 and so many calls protesting the lack of parking were received they were ordered removed. Moved by Morgan, seconded by Colburn, to authorize the City Manager to mark left turn lanes on Highland. Councilman Colburn withdrew his second. Coun- cilman Morgan included in his motion the City Manager bring back a report to the Council before Highland is painted. Seconded by Colburn. City Manager Hess inquired if this were to be a block to block study or Councilman Morgan said he would want the tudy,on the complete street if it were to be on the complete street./sCarrieo by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Alien, seconded by Colburn, the City Manager and the City Engineer consider and a report be brought back on the possibility of restricting by arrow and wording direct lines of traffic and right hand lanes of traffic at all spots on Highland Avenue where there is a sig- nal or a left hand turn. Carried by unanimous vote. CITY MANAGER HESS reported in regard to the cost of a consultant to handle 1911 Acts, his office is still contacting consultants and he recommended it be carried over until the report is complete. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from Arthur MacArthur, Assistant District Executive, San Diego County Council of the Boy Scouts of America, to Police Chief 11-12-63 152 Cagle commending Officer W. W. Brown, was presented. Moved by Colburn, seconded by Morgan, a copy of the letter be placed in the officer's folder and the letter be filed. Carried by unanimous vote„ The minutes of the Park and Recreation Advisory Board meeting of Octo- ber 3rd were presented and ordered filed by unanimous vote. The minutes of the Sister City Project Committee meeting of October 31st were presented. Moved by Hart, seconded by Allen, they be filed. City Manager Hess stated he and Mayor Gautereaux have been'in touch with Mayor Guiterrez of Tecate who favors a Tri-City relationship with National City and Ensenada and they have tentatively scheduled a joint meeting with the Mayor of Ensenada. Carried by unanimous vote. CITY MANAGER HESS reported receipt of a communication from the Division of Highways in regard to relocation of the sewer in the vicinity of 24th Street and the proposed new highway. The relocation cost of the entire work would be $12,080; the State will bear the entire cost with the exception of $260.87 which is pro -rated on the depreciation of the existing sewer. City Manager Hess recommended it be referred to the City Attorney to prepare the proper resolution authorizing the Mayor to enter into this agreement. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated in regard to the priority list of drainage projects in National City, he would like to have them returned by the Council members by the last Council meeting of this month, so they may be scheduled. The list is not considered to be all-inclusive and if there are additions they will be welcomed. CITY MANAGER HESS announced two low cost rabies vaccination clinics have been arranged for November 18th and 20th from 7:00 to 9:00 p.m. in the Olivewood Housing Gym, in the 2400 block of uBfl Avenue. Innocu- lations will be $1.50 per shot and dog licenses may be purchased at that time. CITY MANAGER HESS stated the name of Leonard Young was inadvertently omitted from the list of persons eligible for step increases. The City Manager stated he is employed as custodian at the Library and recom- mended he be advanced to Step B retroactive to October lst. Moved by Alien, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None, The Director of Public Housings report for the period ending October 31st was presented and ordered filed by unanimous vote. 11-12-63 153 THE DIRECTOR OF PLANNING stated she has received a petition requesting annexation, under the uninhabited annexation act, to be known as the "Wright Annexation" and recommended it be received and referred to the Planning Commission for a report. Moved by Colburn, seconded by Hart, the Director of Planning's recommexAtVittabe approved. Carried by unanimous vote. The report of the City Treasurer for the period ending October 31st was presented and ordered filed by unanimous vote. E. H. Alsdorf, 2105 "J" Avenue, asked if the street markings which he requested at 16th Street and "E" Avenue, and which end at the apartment house driveway could be moved from the east to the west side of the street. Mrs. Elizabeth Ames, 1927 Granger Avenue, was present and commended the Flying Samaritans for their forthcoming concert to bring culture to National City. Donald March, 320 E. 24th Street, was present and inquired what plans are for the housing in National City, how long will it be there and what will the zoning be when it is razed.. Mayor Gautereaux stated when the housing is razed the City will either sell or lease the land, and it is hopped it will be of magnitude which will enhance the entire property rather than small sales or leases. Possibly there will be re -zoning, but it is dependent upon what will be there. Moved by Alien, seconded by Morgan, the meeting be closed. Carried by unanimous vote. The meeting closed at 3:20 p.m. ATTEST: CIT OF Nf ONAL CIT , CA FORN IA CITY CLERK 11-12-63 -